OT - Jury's verdict - Guilty

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kimwcook
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OT - Jury's verdict - Guilty

Post by kimwcook »

I've been in trial for the last two weeks. Defendant was charged with assault in the first degree for the person he shot and charged with assault in the second degree for pointing the same handgun at his estranged girlfriend (during the same incident). Well, jury came in at about 1140 this morning after having the case since yesterday at about 1700 hrs. Guilty on both counts, plus he was given two firearm enhancements for both. The firearm enhancements are five years each = 10 years. He gets no good time for those 10 years, he has to serve the full time. So what did he get total? The low end of the range is 19+ years. That's the low range. I don't know what he could get if he got max. I'm good with the low end myself. I hate trial. You never know what a jury is going to do. And, I have to sit by while a defense attorney plays parlor tricks with the court. I'd rather manhunt a murderer than sit in trial.

Just thought I'd spread some of my stress around so someone else can have hyptertension. :mrgreen:
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JerryB
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Re: OT - Jury's verdict - Guilty

Post by JerryB »

I reckon it's OK if you feel justice was served.
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Whit Spurzon
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Re: OT - Jury's verdict - Guilty

Post by Whit Spurzon »

Sounds like someone I'm glad ain't going to be walking around amongst for a long while, thanks to your efforts.
"There are three kinds of men: The ones that learn by reading. The few who learn by observation. The rest of them have to pee on the electric fence and find out for themselves." -Will Rogers
Rusty
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Re: OT - Jury's verdict - Guilty

Post by Rusty »

Too bad it has to carry on that way, but lawyers have to have jobs too right? they make sure of that.
If you're gonna be stupid ya gotta be tough-
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Re: OT - Jury's verdict - Guilty

Post by JohndeFresno »

Heavy duty hemp rope is only $.40 a foot.
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BigSky56
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Re: OT - Jury's verdict - Guilty

Post by BigSky56 »

Kim, Ive found that the legal system gets perverted when it gets to the DA they will plead down murder to loitering with intent to gawk to get a conviction we have a county attorney we call dumptruck he hasnt gone to trial on original charges in 10 years dumps everything that comes in then with a plead down case our judge gives them prison time but suspends it for probation and the DA doesnt throw a hissy heck the defense lawyers are the only ones going for the gold in the court system. Good judges and da's are like hens teeth. You need to pull the pin as soon as you can for your health,mental & physical. danny
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Re: OT - Jury's verdict - Guilty

Post by JohndeFresno »

I wrote a long response in agreement with BigSky, and then thought better of it.

It's a constant uphill battle, but keep the faith!

Congratulations on a successful case and trial, given the state of affairs in which we find our current justice system .
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Re: OT - Jury's verdict - Guilty

Post by Jaguarundi »

JohndeFresno wrote:Heavy duty hemp rope is only $.40 a foot.
http://www.greenboatstuff.com/prgoduhero.html
+1!
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rjohns94
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Re: OT - Jury's verdict - Guilty

Post by rjohns94 »

thanks for all your hard work out there. Be safe.
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Hillbilly
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Re: OT - Jury's verdict - Guilty

Post by Hillbilly »

I am glad you got your man.

We see way too many of our cases plea down- then out- too.
always press the "red" button--- it's worth the effort and the results can be fun
longarm4146
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Re: OT - Jury's verdict - Guilty

Post by longarm4146 »

I've been involved in trials that lasted as long as 6 or 7 weeks, won most of them but lost a few. You can't control anything but what you do as far as the juducual process goes. It ain't perfect but its the best thing out there now. As long as you know you did your best then it gets a little easier. I saw a cartoon once that had a defendant in shock after a verdict, with his attorney saying "that's what you get when you trust your fate to 12 people to stupid to get out of jury duty" Unfortunately there is some truth to that. Take care, and be careful out there.

PS retirement is the best job I've ever had.
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Hobie
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Re: OT - Jury's verdict - Guilty

Post by Hobie »

I've been waiting for years to sit on a jury. On "call" for this term but no call has been forthcoming (good I suppose). I know several who answered the jury surveys honestly and were promptly dismissed.
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Leverdude
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Re: OT - Jury's verdict - Guilty

Post by Leverdude »

Hobie wrote:I've been waiting for years to sit on a jury. On "call" for this term but no call has been forthcoming (good I suppose). I know several who answered the jury surveys honestly and were promptly dismissed.

they never pick me either. I dont think they like decisive people.
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Re: OT - Jury's verdict - Guilty

Post by Ysabel Kid »

Kim, your's is a thankless job, but it surely is very appreciated by those of us that enjoy the fruits of your labor. Thanks for doing the hard things that go along with it. If men like you weren't willing to do so, we simply would not have the free society we have today!
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Re: OT - Jury's verdict - Guilty

Post by Blaine »

Ysabel Kid wrote:Kim, your's is a thankless job, but it surely is very appreciated by those of us that enjoy the fruits of your labor. Thanks for doing the hard things that go along with it. If men like you weren't willing to do so, we simply would not have the free society we have today!
+1 :!:
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rimrock
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Re: OT - Jury's verdict - Guilty

Post by rimrock »

Maybe the U.S. system of justice is better than that offered by most other countries, but with about 20 yrs in the system, I'd sure hate to see what the bad stuff is if we're serving up the best justice. It's all about who can lie the best with the straightest face because the "rules" are designed to prevent access to the actual truth of the matter. Almost always the actual truth is somewhere between what the 2 sides present, but someone's gotta win, right? Winners in the justice system too often turn out to be the best donors of $$$ to the politicos and judges.
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Re: OT - Jury's verdict - Guilty

Post by jeepnik »

Sure isn't California. A young woman friend was stabbed to death by her ex boyfriend. She had a restraining order at the time. He called and said he was coming over to kill her. She called the cops, the said call back if he shows up. She never got to make the call. When they finally extradited him from Mexico, it was on condition that no death penalty would be sought. Final out come, 2nd degree murder (he brought the knife with him and called in advance, if that ain't premeditated, I don't know what is). But he'll get out one day. :twisted: Several folks are waiting on that day.
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kimwcook
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Re: OT - Jury's verdict - Guilty

Post by kimwcook »

Thanks for all the support. Law enforcement doesn't get many pats on the back. I'll be the first to say our judicial system is broke, but I don't see it changing anytime soon. My partners and I just keep digging at them the best we can. Retirement can't come too soon.
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firefuzz
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Re: OT - Jury's verdict - Guilty

Post by firefuzz »

kimwcook wrote:Thanks for all the support. Law enforcement doesn't get many pats on the back. I'll be the first to say our judicial system is broke, but I don't see it changing anytime soon. My partners and I just keep digging at them the best we can. Retirement can't come too soon.
1 June 2009. Hang on, it'll come.

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Ysabel Kid
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Re: OT - Jury's verdict - Guilty

Post by Ysabel Kid »

kimwcook wrote:Thanks for all the support. Law enforcement doesn't get many pats on the back. I'll be the first to say our judicial system is broke, but I don't see it changing anytime soon. My partners and I just keep digging at them the best we can. Retirement can't come too soon.
It's broke, but still the best system out there. IMHO it's current failures are not really due to a design flaw, but rather dishonest people perverting the system. Much like our very government, if the laws were simply followed and enforced, we'd be so much better off...
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FWiedner
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Re: OT - Jury's verdict - Guilty

Post by FWiedner »

I dunno, there's just something about being in the presence of lawyers that just makes a fella want to scrub his skin red.

I thought I might whine about the "gun enhancement" but I have to concede that I don't hold much with some social miscreant waving a firearm around and hurting women, even if they earned it.

Good Job KC. Appreciate your help.

:)
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Re: OT - Jury's verdict - Guilty

Post by Sixgun »

Law Dawg,
It really sucks to be drug into court, especially when the "movers and shakers" of the court know the outcome before the jury does. I personally have no respect for the system anymore, so I keep my nose clean to avoid these backstabbing lawyers, judges, and d.a.'s who only care about how much money that can be brought into the system by the WORKING WHITE MAN.

As for jury duty----I get called every year and I respond by telling those jerks that "God is the only one who can judge", and by misspelling every third word on the form. Its been enough to keep 'em off my back for 35+ years :D --------------------------------Live from the Rocky Mountains--------------------Sixgun
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JohndeFresno
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Re: OT - Jury's verdict - Guilty

Post by JohndeFresno »

Ysabel Kid wrote:...
It's broke, but still the best system out there..
I guess this one time, I'll have to disagree with you, ol' e-fireside partner. I suspect England and other countries have a much better system.

In England, unless things have changed, a barrister cannot lie to the court; he can only present the best HONEST defense and perhaps cloud the issue.

Here, I ask you to name one single murder case (or any other case) that you have since learned ended in a conviction. Then remember what the defense lawyer said to the the press, on TV, or in his final argument if you were there. It is rare, indeed, that a lawyer does not know whether his client is guilty or not; that information is protected by client-lawyer privilege.

And yet every lawyer will go way out of his way to tell the press (or whatever) that his client is innocent. That, in and of itself, is a lie. As I understand it, a lawyer would face grave recriminations if he lied in England. I imagine that they just get down to business, instead of concocting all of these elaborate schemes to fool the jury. That sounds like justice to me.

Then there's the political appointments here, ridiculous plea bargains, throwing out evidence on dozens of technical arguments that change from decision to decision within the Appellate courts...

Yes, I'm glad I put in my 38plus years, as well. There just ain't enough good ol' quick hangin's anymore.
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